Interim Maintenance for Child

  1. When a divorce case is still pending, a parent who has custody of a child is not able to maintain the child, then such parent can file a necessary application before the court where divorce case is pending seeking maintenance to take care of child.
  1. The expenses considered for maintenance of child may include, school or college fees, medical care, and for necessary monthly expenses.
  1. This can be granted by court in a maintenance petition or an IA for maintenance.
  1. If there are any unforeseen incidents or emergencies occur with respect to child, then necessary application can be filed to get additional financial support from the parent.
  1. Though, child is with one parent, other parent will have right to raise and care as well.
  1. When a separate maintenance is granted for child, then that can’t be clubbed together with maintenance for wife.

Applicable laws for Interim Maintenance of child in India:

The applicable sections for seeking a Interim Maintenance for child under various laws are as follows;

1. Section 24 and 25 of the Hindu Marriage Act, 1955.

2. Section 36 and 37 of the Special Marriage Act, 1954.

3. Section 36 and 37 of the Divorce Act, 1869.

4. Section 39 and 40 of Parsi Marriage Act 1936.

Also, if your are interested, please go through with these sections 

Divorce Documents Checklist

Interim Maintenance for Wife

Application for maintenance

Grounds for divorce

Divorce Jurisdiction